TERMS OF SERVICE

for the provision of the Printbox Service

by Printbox sp. z o. o.

§1

Preliminary Provisions

1. These terms of service set forth the terms and conditions for the provision by the Service Provider of the
Printbox Service to Clients by electronic means.
2. These Terms of Service have been made available to the Client in PDF file before the conclusion of the
Agreement. Furthermore, these Terms of Service are available in the electronic form in the Administrative
Panel.

§2

Definitions

In these Terms of Service and/or the Agreement, following capitalised terms shall have the following meaning:

1. “Additional Services” – shall mean the services provided by the Service Provider following an assignment
from the Client,
2. “Administration Editor” – shall mean the functional part (module) of the IT System, designated for
creating and managing Templates,
3. “Administrative Panel” – shall mean the graphic interface of the IT System, which permits accessing and
managing the IT System by the Client,
4. “Administrator” – shall mean a person authorized by the Client to access the IT System and to manage
and administer functions of the IT System, made available to the Client, including creation and placement
of Templates in the IT System and management of the Store,
5. “Agreement” – shall mean the agreement on the provision of the Printbox Service, concluded in writing
between the Client and the Service Provider; these Terms of Service constitute an integral part of the
Agreement,
6. “Assistance” – shall mean any and all manuals and explanations concerning the functionality of the IT
System, made available by the Service Provider through the IT System,
7. “Break-Down” – shall mean a Problem consisting in the discontinuation of the work of the entire IT
System, which fully prevents the Client from using any function of the IT System,

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8. “Business Secret” – shall mean any and all business data and information not in public domain, and in
particular technical, technological, marketing and commercial information as well as information on
finances and organization of a business entity, any and all information on the full functionality and security
measures of the IT System, the terms and conditions of the Agreement, including the Price List and the
value of the Total Fee charged for the provision of the Printbox Service,
9. “Client” – shall mean an entity specified in the wording of the Agreement as “Client”, which concludes the
Agreement with the Service Provider,
10. “Coordinator of the Service Provider" –shall mean a person designated by the Service Provider to
coordinate the execution of the Agreement, in particular, the Additional Services,
11. “Data” – shall mean any and all data, texts, documents introduced to the IT System, either processed or
stored in the IT System by the Client (including those introduced directly by the End User), other than
personal data,
12. “Defect” – shall mean a Problem which may not be qualified as a Break-Down or Error; Defects may have
the form, for example, of errors in the display of specific subpages of the Administrative Panel or specific
subpages of the Store,
13. “Editor” - shall mean the functional part (module) of the IT System, designated for creating User’s Projects
by End Users,
14. “Emergency Number” – shall mean a telephone number made available to the Client by the Service
Provider for notification by the Client of Problems concerning the IT System,
15. “End User” – shall mean any natural or legal person for whom the Client provides services using the IT
System,
16. “Error” – shall mean a Problem consisting in major disturbance in the work of the IT System, resulting in
the Client’s incapacity to use at least one of the basic functions of the IT System,
17. “Getbox” – shall mean software executed by the Service Provider and made available to the Client, to be
installed by the Client; the Getbox is aimed at ensuring co-operation of the IT System with the Client’s IT
system so as to permit the sending of Rendered Projects by the Internet from the IT System to the Client’s
IT system, in which the Getbox has been correctly installed, configured and launched,
18. “Graphic Elements” – shall mean all graphic elements (images, banners, icons, etc.),
19. “IT System” – shall mean software at the disposal of the Service Provider, together with its graphic
interfaces and disc space, used in particular for supporting the sale of photo and printing products,
20. “Package of Hours” - shall mean the maximum total number of working hours of the Service Provider that
can be dedicated by the Service Provider on the provision of Additional Services as part of a lump-sum fee,
21. “Printbox Service” or ”Service” – shall mean the service provided by electronic means by the Service
Provider as assigned by the Client under the Agreement and these Terms of Service,
22. “Problem” – shall mean non-operation of the IT System or operation of the IT System in a manner
incompatible either with its designation or the functionality of the IT System, assumed by the Service
Provider, caused exclusively due to circumstances being the fault of the Service Provider (that is due to the
Service Provider’s fault); Problems shall be divided into Break-Downs, Errors and Defects,

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23. “Product” – shall mean the separated functionality of the IT System, which is made available by the Client
to its End Users for the purpose of creation by End Users of their own Users’ Projects;
24. “Rendered Project” – shall mean a file created on the basis of the User’s Project, using the IT System; a
Rendered Project shall constitute the User’s Project transformed in the IT System following the rules set
forth in these Terms of Service to form either one or numerous files; following the rules set forth in these
Terms of Service, the Rendered Project is sent to the Client’s IT system to be printed out,
25. “Response Time” – shall mean the maximum permissible period of time for confirmation by the Service
Provider that a Service Request has been accepted and for determination by the Service Provider of the
status of the Service Request, counted in days or hours from the time of receipt of the Service Request by
the Service Provider,
26. “Service Application” – shall mean software made available to the Client by the Service Provider under
the following address: http://support.getprintbox.com, to be used by the Client for notification of Problems
concerning the IT System,
27. “Service Provider” – shall mean the company operating under business name “Printbox Sp. z o.o.” with its
registered office in Cracow (address: Rynek Główny 17, 31-008), on the basis of a record made in the
Register of Entrepreneurs of the National Court Register kept by the District Court for Cracow-Śródmieście,
11th Division of the National Court Register, under number KRS: 000484669, of a share capital of PLN
100,000.00, holding NIP (taxpayer identification number) 676-247-02-10 and REGON (statistical
identification number) 122987871,
28. “Service Request” – shall mean a notification of occurrence of the Problem, delivered to the Service
Provider by the Client,
29. “Size of the User’s Files” - the size (in GB) of files sent to the IT System to create a Project. The User’s Files
shall comprise, in particular: photos, photo thumbnails created by the IT System, recorded projects (JSON
and XML), Rendered Projects. The User’s Files shall not comprise files constituting part of the Template or
files required for launching the IT System.
30. "Staff of the Service Provider" – shall mean employees of the Service Provider or its subcontractors,
designated by the Service Provider to activities related to the execution of the Agreement,
31. “Store” – shall mean the functional part (module) of the IT System, to be made available by the Client to
the End User, allowing in particular for creating and ordering by End Users of Users’ Projects,
32. “Store’s Terms of Use” – shall mean the terms of use applied by the Client, specifying the rules for
provision by the Client of services to End Users using the IT System,
33. “Time for Repair” – shall mean the maximum permissible period of time for remedying the Problem
notified by the Client, counted in days or hours from the time of receipt of the Service Request by the
Service Provider,
34. “User’s Project” – shall mean a given graphic material(“presentation”) created by the End User within the
framework of a given Product available in the IT System, based on a specific Template,

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35. “Workaround” – shall mean reinstatement of the functioning of the IT System upon occurrence of the
Problem, not constituting the normal functioning of the IT System yet limiting adverse consequences of the
Problem’s occurrence,
36. “Work time” – shall mean the working days in Poland from 9 am to 5 pm.

§3

Type and Scope of the Services

1. As part of the provision of the Printbox Service, following the rules and within the scope set forth in these
Terms of Service, the Service Provider shall:
a. make available to the Client either one or numerous Stores constituting the element (module) of the
IT System for the purpose of granting by the Client of access to the functionalities of the Store to End
Users,
b. make available to the Client the Administration Editor for the purpose of creation by the Client of its
own Templates and making them available to End Users,
c. make available to the Client the Administrative Panel, which is used to Stores management and to use
the Administration Editor,
d. store the Data introduced by the Client or directly by End Users,
e. make the IT System available for creating Rendered Projects (that is for transforming the User’s
Project into the Rendered Project) and of collecting by the Client of Rendered Projects in order to
make their print-outs.
2. The Service Provider shall provide the Printbox Service solely within the scope and follow the rules set
forth in the Agreement and these Terms of Service and, in particular, give access to the IT System and store
Data following the rules and within the scope specified in these Terms of Service.
3. The Service Provider shall not be required, in particular, to give access to source codes or object codes of
the IT System, to tailor the Client’s IT systems or software for the purpose of cooperation with the IT
System, to provide any advisory services or give consultations to the Client or to ensure access to the
Internet for the Client or End Users.
4. The Client shall be required to ensure for itself, at its own cost and effort, hardware and software and
Internet access so as to enable the use of the IT System and the receipt and print-out of Rendered Projects
generated using the IT System.
5. The IT System shall not be used for handling and managing the process of the print-out of Rendered
Projects.

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 §4

Conclusion of the Agreement and Start-Up of the Printbox Service

1. The Agreement shall be made in writing otherwise being null and void.
2. The Agreement may be concluded in the English language.
3. The Client shall have the right to use the Printbox Service from the start-up of the Printbox Service by the
Service Provider.
4. Unless the Agreement provides otherwise, the Service Provider shall start up the Printbox Service within
14 business days from the date of conclusion of the Agreement.
5. After the start-up of the Printbox Service, the Service Provider shall send the Client, to the Client’s e-mail
address specified in the Agreement, information that the Printbox Service was started up.
6. The Printbox Service shall be designated only for entrepreneurs, who shall use it in connection with their
economic activity.
7. The Service Provider shall neither provide the Printbox Service not undertakes to provide the Printbox
Service directly to End Users. Under the Agreement, the Service Provider shall not make the IT System
accessible directly for End Users but for the Client, who may use the IT System for providing services to
End Users and give them, in its own name, access to the Store and the Editor within the scope of
functionalities, designated for use by End Users, including in particular – functionalities of the IT System.
8. The Client shall independently determine the detailed rules for providing by the Client of services to End
Users using the IT System.
9. The Client warrants that it shall provide services to End Users using the IT System in accordance with the
provisions of law and best practices, ensuring that End Users will neither use the system in breach of the
law nor introduce to the IT System any unlawful materials.
10. The Service Provider shall neither create nor verify or be liable for the wording of the Store’s Terms of Use.
11. The Service Provider shall have the right to use the services of subcontractors (“substitutes”) in connection
with the performance of the Agreement, including the provision of the Printbox Service, with no need to
obtain the Client’s separate consent. The Service Provider shall have the right, in particular, to entrust
services constituting part of the Printbox Service to specialized IT companies and to use, when providing
the Printbox Service, the services of entities (companies) providing hosting services, including the right to
store the IT System and Data in an IT environment available from third parties (for example, as part of an
external data processing centre, as part of the cloud computing model).

§5

Rules for and the Scope of the Use of the IT System

1. As part of the provision of the Printbox Service, the Service Provider shall make the IT System available to
the Client solely as a single instance of the IT System, installed as part of the IT infrastructure at the disposal

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 of the Service Provider on any legal grounds, in accordance with binding laws. The Client shall obtain access
to the IT System by the Internet (on-line) only.
2. The Client shall have no right to claim physical access to the IT infrastructure (servers etc.), as part of which
the IT System is functioning, or to give out, in any form, source codes or object codes of the IT System.
3. The Client shall be given access to the IT System, including the Store, through the Administrative Panel
only.
4. From the start-up of the Printbox Service, the Store (that is the graphic interface of the Store) shall be made
available at the web address specified in the Agreement. The graphic interface of the Store shall constitute
a commonly accessible webpage.
5. The Client shall give the End User access to the Store solely by giving the End User access to the graphic
interface of the Store and enabling the use of the Store’s functions designated for End Users. The use by the
End User of some of the Store’s functions may require the End User to register and/or log-in in the Store.
6. When using the IT System, the End User may:
a. introduce to, and store in, the IT System photos stored in the End User’s account created in the IT
System – the so-called “Photo Gallery”,
b. create his/her own End User’s Projects, using introduced photos, within the framework of Products
available in the Store and applying Templates available in the Store,
c. store in the IT System the End User’s Projects created himself/herself,
d. order the service consisting of the print-out of the Rendered Project provided by the Client, following
the order placement procedure implemented in the Store,
e. after the Rendered Project is correctly recorded in the IT System, it shall be made available to the
Client as follows:
I. the Rendered Project is recorded in the IT System and the Client may download it
himself/herself and record it in his/her own IT system using the Administrative Panel,
II. if in the Client’s IT system, the Getbox is installed, configured, launched and operates correctly,
and provided that the Client has met technical requirements for the operation of the Getbox, as
described in §13 subparagraph 3 of these Terms of Service, then the Rendered Project shall be
automatically sent from the IT System to the Client’s IT system in which the Getbox is installed.
In the above-mentioned case, the Rendered Project is recorded in the Client’s IT system, in a
catalogue specified by the Client as part of the Getbox (that is the one specified at the time of the
Getbox installation or set as one of the Getbox options at a later time).
7. Furthermore, the Store shall comprise the following functionalities:
a. possibility of registering End Users in the Store,
b. possibility of creating and deleting End Users’ accounts,
c. possibility for the End User to place orders for the service comprising the print-out of Rendered
Projects, provided by the Client (the End User places an order by filling in an adequate order form
available from the Store, giving his/her e-mail address, first name and surname, address, contact
telephone number, postcode, town/city, country. After the order is completed by the End User, it is

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 visible for the Client in the IT System, that is the Client may review the order using the Administrative
Panel),
d. possibility for End Users to make payments for the print-out service ordered using payment systems
available in the Store.
8. Access to the Administrative Panel shall be given to the Administrator designated by the Client. The
Administrative Panel shall be made accessible to the Client at the web address specified in the Agreement.
9. Through the Administrative Panel, the Administrator may, in particular:
a. manage End Users’ accounts created in the Store, to the extent resulting from the functionality of the
IT System,
b. use the Administration Editor, including the right to create and manage Templates.
10. The Client may use the IT System, including the Administrative Panel, solely within the scope of the
functionalities available in the IT System.
11. In order to obtain access to the Administrative Panel, the Administrator shall be required to log in using a
log-in and password given by the Service Provider to the Client, who shall be fully responsible for the
granted log-in and password remaining undisclosed and unavailable to any third party, and coordination
of the execution of the Agreement together with the Coordinator of the Service Provider. The Client shall
independently designate a person to act as Administrator.
12. In order to change the person acting as Administrator, the Client shall be required to send the Service
Provider, by e-mail, the application for the change of the Administrator, comprising the particulars of the
new Administrator (that is the first name, surname, e-mail address of the new Administrator). The Service
Provider shall change the person acting as Administrator within 3 business days from the receipt of the
above-mentioned application.
13. In order to properly coordinate the execution of the Agreement, Service Provider designates The
Coordinator of the Service Provider as the right person to contact with Administrator, particularly in the
provision of Additional Services by the Service Provider. Change of the Coordinator of the Service Provider
requires sending an e-mail to the Client with notification of the change.

§6

Introduction and Storage of Data

1. As part of the provision of the Printbox Service, the Service Provider shall store the following Data
following an assignment from the Client:
a. templates created by the Client and graphic elements (for example, photos, texts, frames,
backgrounds, ornaments, masks) introduced by the Client in order to create its own Template,
b. photos introduced by the End User,
c. texts used by the End User when creating the End User’s Project (for example, inscriptions under the
photos, the text inserted on business cards),
d. the End User’s Projects created by the End User,
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 e. Rendered Projects.
2. The Service Provider shall store Data on behalf of and as assigned by the Client, and the Client shall, using
the IT System, provide to the End Users, in its own name, the service encompassing the storage of Data
introduced directly by End Users.
3. As part of the provision of the Printbox Service, the Service Provider shall, following an assignment from
the Client, store Templates created by the Client, on the following terms and conditions:
a. the Template created by the Client shall be stored in the IT System throughout the validity of the
Agreement,
b. the Client may, at any time, either alter or delete a given Template in accordance with the functionality
of the IT System.
4. As part of the provision of the Printbox Service, the Service Provider shall, following an assignment from
the Client, store photos and the End User’s Projects introduced to the IT System by End Users.
5. The storage time and the length of the retention period for all photos, the End User’s Projects and Rendered
Projects shall be as follows:

What Storage time

Projects made by an anonymous User, not
assigned to any User account
Projects assigned to the User account, not
paid for
Projects ordered and paid for
Photos not used, deriving from projects
ordered and paid for
Rendered Projects
7 days from the last record of such project
45 days from the date of the last record
/order of the said project
400 days from the date of ordering the said
project
60 days from the rendering date (together
with automatic archive records of the
Project)
30 days from the rendering date

6. The End User may, using the functionality of the IT System, delete at anytime photos he/she has introduced
as well as his/her End User’s Projects.
7. According to the functionality of the IT System, the End User’s accounts may be deleted by the Client only.
8. Upon deletion of the End User’s account, any and all Data shall be permanently deleted, including photos
introduced by the End User, the End User’s Projects and Rendered Projects, created by a given End User,
as well as the End User’s personal data stored in the End User’s account. The deletion should not affect the
Store orders reporting.
9. The Service Provider, to the extent necessary for the proper performance of the obligations of the Service
Provider relative to the End User and Client, is entitled to use all materials, photos, information or other
objects, intangible or material property rights, including works within the meaning of the Act of 04

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 February 1994 on Copyright and Related Rights (consolidated text Dz. U. 2006 No. 90, item. 631, as
amended), entered into the IT System by the End User or Client.
10. The End User and the Client shall bear sole liability and they shall be separately liable for the violation of
the copyright of third parties when creating the Work.
11. The Service Provider shall not be liable for the acts or omissions of End User or Client.
12. The Client shall be responsible for the assignment by the End User to the Service Provider of the licences
and rights, referred to in subparagraph 10.

§7

General Obligations of the Service Provider

The Service Provider shall be required to take, with due diligence, actions aimed at securing the confidentiality
of Data stored in the IT System by way of ensuring appropriate technical security measures for the IT System.
The Service Provider shall be required first of all to make back-up copies of Data on the following terms and
conditions:

1. any and all data shall be stored concurrently on two different discs,
2. additionally, every 24 hours, a back-up copy shall be made to comprise the most important data, that is the
users’ accounts, information on projects, orders, products, webpage content,
3. the back-up copy shall be stored for 30 days. Upon the expiry of the said period, the back-up copy shall be
deleted.

§8

Additional Services

1. The Service Provider shall be required to provide to the Client Additional Services as part of the Package
of Hours specified in the Agreement.
2. The utilisation of the Package of Hours shall be settled monthly, subject to the provisions of this paragraph.
3. The duration of the first settlement period may not be exactly one month and it shall be specified in the
Agreement.
4. Additional Services shall be understood as, among others, the following actions:
a. preparation of dedicated graphics and modifications of the existing image of the Store,
b. creation and implementation of new functionalities of tools,
c. maintenance of the Store (adding products, modifications, assistance in the management of templates
and products),
d. trainings,
e. defining and modifying of sales processes,
f. maintenance of scripts calculating advanced prices and dependencies between attributes,
g. generating reports and statistics regarding the operation of the IT System,
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 h. other actions agreed mutually by the Parties.
5. Additional Services shall be provided following an assignment sent by e-mail or with the intermediation of
the Service Application. Tasks may be assigned through the Administrator or persons authorised by the
Administrator to make contact on behalf of the Client in respect of Additional Services.
6. For being at the stand-by to provide Additional Services, the Service Provider shall have the right to a lump-
sum fee specified in the Price List, regardless of the number of hours spent on providing Additional Services
in a given month, subject to the provisions of § 8 subparagraph 8.
7. In the event where Additional Services are provided during hours in excess of the volume of the Package
of Hours (volume of the Package of Hours potentially increased according to § 8 subparagraph 10), the fee
for such hours shall be added to the lump-sum fee in accordance with the Price List.
8. In the event where the Package of Hours is exceeded:
a. the Coordinator of the Service Provider shall notify the Administrator of the above by e-mail and shall
cease providing Additional Services,
b. If the Service Provider obtains the Client’s approval for acting within a time-frame exceeding the
volume of the Package of Hours, it shall recommence the provision of Additional Services. If the Service
Provider obtains the said approval from the Client outside Working Hours, then the Service Provider
shall take further action starting at 9:00 a.m. on the next Business Day.
c. If the Service Provider does not obtain the Client’s approval by the end of a given settlement period
for acting within a time-frame exceeding the volume of the Package of Hours, then the Service Provider
shall continue providing Additional Services starting from a new settlement period.
9. Hours not utilised as part of a given settlement period shall be carried over to the next settlement period,
this increasing temporarily the volume of the Package of Hours in a given settlement period, with the
reservation that the increased Package of Hours may not exceed 300% of the basic volume of the Package
of Hours applicable in a given settlement period.
10. In a single settlement period, the Client may utilise at the maximum 150% of the basic volume of the
Package of Hours.
11. The removal of Problems, as provided for in §10, except for Problems arising from Additional Services
provided, shall not be settled as part of the volume of the Package of Hours.
12. In each month, the Client shall receive a report specifying hours spent on the provision of specific
Additional Services.

§9

Basic Duties of the Client

1. Each Client shall be required to:

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 a. get the knowledge of all versions and of any and all amendments to the Agreement and these Terms
of Service and to observe their provisions,
b. not to use the IT System, the Getbox or the Printbox Service directly or indirectly for carrying out any
actions violating the laws, best practices and the rules of using the Internet (the so-called netiquette)
or breaching third party rights,
c. not to take any actions posing a threat to the safety of IT System or IT systems of third parties,
d. not to use any software and take no actions which might result in the violation of the integrity or
stability of the IT System or the Getbox, or in the destruction of, damage to, violation of the integrity,
or disclosure to unauthorised persons of, the contents of data stored in the IT System,
e. forthwith notify the Service Provider, as specified in these Terms of Service, of any and all
irregularities in the operation of the IT System,
f. forthwith notify the Service Provider of any found potential violations of the safety of the IT System
or Data stored in the IT System,
g. provide the Service Provider with any and all information requested by the Service Provider, including
responses to any questions raised to the Client by the Service Provider in a reasonable time.
2. For the avoidance of doubt, it shall be assumed that the provision of subparagraph 1 above shall apply both
to Data introduced by the Client and Data stored by the Client as part of the Printbox Service, yet introduced
by End Users. In case of receipt of reliable information on the unlawful nature of Data or any activity related
to any such Data, the Service Provider shall forthwith notify the Client of the intention to prevent access to
such Data. Such notification shall be sent by e-mail to the e-mail address of the Client’s Administrator.
3. As regards placing an assignment for Additional Services, the Client undertakes to:
a. provide the Service Provider with any and all information required for the purpose of providing
Additional Services, and to obtain any and all approvals, statements, decisions, certificates and rulings
required for the provision of Additional Services by the Service Provider,
b. make sure that the equipment and software held by the Client enables, and does not hinder, the
provision of Additional Services by the Service Provider,
c. take into consideration that the proper provision of Additional Services by the Service Provider
depends on the proper and timely delivery of all required information and may need the provision of
access to the Client’s software,
d. take into consideration that, when providing Additional Services, the Service Provider and the Staff of
the Service Provider relies on information and representations of the Client.

§ 10

Problem Resolution

1. As part of the provision of the Printbox Service, the Service Provider shall be required to:
a. accept Service Requests,

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 b. confirm the receipt of the Service Request and to determine its status(that is to ascertain whether it
involves the Problem, and, if so, to determine the Problem’s category) in the Response Time,
c. if the occurrence of a Problem is ascertained, to make the Repair during the Time for Repair.
2. Problems shall not cover, in particular, instances of incapacity to use the IT System by the Client or End
Users or of incorrect operation of the IT System due to the following circumstances:
a. incorrect handling of the IT System by the Client or End Users;
b. use of the IT System in a manner inconsistent with its designation or functionality;
c. introduction, or an attempt to introduce, to the IT System by the Client or the End User of Data not
handled by the IT System (for example, in file formats not handled by the IT System);
d. a hardware break-down, incorrect configuration of either hardware or software applied by the Client
or the End User;
e. lack of access to the Internet on the part of the Client or the End User.
3. In case of occurrence of any Problems, the Client shall be required to forthwith notify the Service Provider
of the Problem through the Service Application, except for the event specified in subparagraph 16.
4. The only person authorised to submit Service Requests on behalf of the Client shall be the Administrator.
5. It shall be assumed that the Service Provider has received the Service Request after it is reported in the
Service Application. The adoption of the Service Application will be confirmed by email to the Client.
6. The Service Provider shall be required to accept Service Requests during Working Hours.
7. In case of receipt of the Service Request outside the Working Hours, it shall be assumed that the Service
Request is received by the Service Provider at 9:00 a.m. on the next business day.
8. The Client shall be required to duly fill in all fields of the graphic interface of the Service Application.
9. The Service Request made in breach of the provisions of these Terms of Service and, in particular, made
otherwise than specified in this paragraph or by an unauthorised person, shall be deemed ineffective
unless the Problem is a Break-Down. In any such case, the Service Provider shall not be required to take
any actions and, in particular, it shall not be required to remedy the Problem.
10. Should the Service Provider obtain the knowledge of the occurrence of the Error or Defect from a source
other than the Service Request, the Service Provider shall be authorised yet not required to take actions
aimed at remedying the Problem. If so, the time-frames, referred to in subparagraph 17 of this paragraph
of the Terms of Service, shall not apply to the remedying of the Problem. The taking by the Service Provider,
at its own initiative, of actions aimed at remedying a given Problem, shall not exclude the possibility for the
Client to submit the Service Request concerning a given Problem. The Service Provider is obliged to take
action to remove Brake-down, regardless of the source of the notification
11. In the Response Time, the Service Provider shall be required to:
a. confirm the acceptance of the Service Request as provided for in paragraph 12 below,
b. determine the status of the Problem, that is to verify whether the circumstance described in the
Service Request constitutes the Problem in the meaning of these Terms of Service, and, if so, to classify
a given Problem in accordance with the classification of Problems, described in these Terms of Service
(Break-Down/Error/Defect).

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12. The Service Provider shall confirm the receipt of the Service Request by way of a relevant record in the
Service Application or by sending a relevant communication by electronic mail and it shall determine the
status of the Problem and notify of the Workaround (if applied) and the Repair.
13. If the Service Provider recognises that the reported irregularity in the operation of IT System constitutes
the Problem in the meaning of these Terms of Service, then the Service Provider shall classify a given
Problem (that is it shall determine whether a given Problem constitutes a Break-Down/Error/Defect, as
defined in these Terms of Service) and shall notify the Client of having classified a given Problem as
provided for in subparagraph 12 above.
14. If the Service Provider recognises, having conducted an analysis, that the Service Request does not concern
the Problem, the Service Provider shall forthwith notify the Client of the above as provided for in
subparagraph 12above. In the above-mentioned case, the Service Provider shall not be required to remedy
the Problem. The Service Provider shall have the right to change the status of the Service Request at any
time. If the Service Provider changes the status of the Service Request having considered that a given
irregularity constitutes the Problem, then the Response Time and the Time for Repair shall commence at
the time when the Service Provider makes such status change.
15. If the Service Provider changes the category of the Problem, then the Response Time and the Time for
Repair, the category of which has been changed, shall be changed respectively, in accordance with the
values adopted for a given category of the Problem in subparagraph 17below, to be counted from the time
of making the Service Request.
16. If the Service Application is not in operation or the Problem constituting a Break-Down occurs beyond
working hours in Poland, the Client may contact the Service Provider at the Emergency Number (0048 12
311 01 75. The notification of the Problem at the Emergency Number shall not release from notifying of
any such Problem using the Service Application.
17. Following the rules set forth in these Terms of Service, the Service Provider shall be required to remedy
Problems with due observance of the following Response Times and Times for Repair:

Type Response Time Time for Repair

Break-Down 24 hours from the receipt of the 2 business days from the receipt
Service Request of the Service Request

Error 24 hours from the receipt of the 10 business days from the
Service Request receipt of the Service Request

Defect 24 hours from the receipt of the 15 business days from the
Service Request receipt of the Service Request

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18. If due to the nature of the Problem reported, the Service Provider is unable to remedy it in the Time for
Repair or within a prolonged period of time, the Service Provider shall notify the Client of the above before
expiry of the Time for Repair agreed upon for a given category of the Problem, specifying a new deadline
for remedying the Problem, not exceeding however 5 business days counted from the date of receipt of the
Service Request by the Service Provider.
19. The Parties agree that the Time for Repair shall be prolonged, in particular, in case of a break-down of the
IT system or any element of the IT infrastructure (for example, software, connections, a server) used by
the entity providing hosting services for the Service Provider (that is the entity providing services covering
the hosting of the IT System).
20. The Service Provider shall be required to make the Repair during the Time for Repair.
21. The Service Provider shall be authorised yet not required to temporary implement a Workaround until the
Repair is made.
22. In case of making by the Service Provider of the Workaround before the expiry of the Time for Repair, the
Time for Repair shall be prolonged to last respectively:

Type Time for Repair

Break-Down 6 business days from the moment recognised as the

receipt of the Service Request by the Service Provider

Error 15 business days from the moment recognised as the

receipt of the Service Request by the Service Provider

Defect 20 business days from the moment recognised as the

receipt of the Service Request by the Service Provider

23. If, during repair works, the Service Provider acknowledges that, in order to supply the Workaround or
make the Repair, the Client is required to take additional actions (in particular, actions requiring adequate
administrative licences) or provide additional information, the Service Provider shall forthwith request
the Client to provide the same or take action as appropriate. If there will be a pause caused by waiting for
the performance by the Client of specific activities or provision of requested information, the pause shall
not be counted towards the Time for Repair.
24. The Service Provider shall not be liable for losses arising from erroneous Rendered Projects if the number
of the End Users’ Projects erroneously processed into Rendered Projects does not exceed 1% in each
Settlement Period.
25. The Service Provider shall charge no fee for erroneously created Rendered Projects.
26. The Service Provider undertakes to further create correctly erroneous Rendered Projects if it is possible
using accessible Data.

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27. The Service Provider shall have the right to take a planned technical break in the provision of the Printbox
Service, lasting no more than 4 hours per single occurrence. The Service Provider shall notify of the
occurrence of the technical break by displaying a relevant notice in the Administrative Panel or by sending
an e-mail to the Administrator’s address at least 5 business days before the planned technical break. The
Service Provider shall aim at taking technical breaks during the hours when the IT System operates to the
least extent.
28. The technical break shall not occur in months November, December, January nor more often than once a
month, unless it will cause IT System to break-down.

§ 11

Payment of the Fee

1. For the implementation and use of the Printbox Service, the Client shall be required to pay the Service
Provider, in each settlement period, the Total Fee calculated based on the Price List.
2. The Total Fee shall be settled in settlement periods being calendar months, subject to subparagraph 3
below.
3. The first settlement period shall last from the date of conclusion of the Agreement until the end of the first
calendar month of the Agreement’s validity. Subsequent settlement periods shall be calendar months, with
the reservation that the last settlement period shall end upon the Agreement’s expiry (that is the last
calendar month may be an incomplete calendar month).
4. The Total Fee for a given settlement period shall be paid on the basis of a VAT invoice issued by the Service
Provider within 7 days from the end of the settlement period referred to in the VAT invoice.
5. In each case, the Total Fee shall be paid under the VAT invoice within 7 days from the date of delivery of
the correctly issued VAT invoice to the Client, to the bank account of the Service Provider, specified in the
VAT invoice.
6. All amounts of the fee, specified in the Price List and these Terms of Service, shall be net amounts. The Total
Fee calculated according to the Price List and the above-mentioned provisions of these Terms of Service
shall be a net amount to be increased with VAT at a rate set forth in the provisions of law.
7. In case of delay in payment of any part of the Total Fee, the Service Provider shall have the right to suspend
the rendering of the End User’s Projects to make Rendered Projects. Upon payment of the Fee, all
suspended End User’s Projects shall be sent to the rendering queue. The Service Provider shall not be liable
for losses resulting from suspending the creation of Rendered Projects.
8. Client shall cover all cost of the money transfer.
9. In case of delay in payment of any part of the Total Fee for any settlement period, the Service Provider shall
have the right to suspend the provision of the Printbox Service and to block access by the Client and End
Users to the IT System until full payment by the Client of the outstanding Total Fee.
10. In case of the Client’s delay in payment of the Fee, the Client shall be required to pay the Service Provider,
together with the principal, interest for the delay, in the amount of Polish statutory interest.
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11. The Total Fee shall comprise the fee for granting the license for using the IT System following the rules set
forth in these Terms of Service as well as the Getbox license granted following the rules set forth herein.

§ 12

Technical Conditions

1. The Printbox Service may be used provided that the Client has an IT system fulfilling the following
minimum technical conditions:
a. access to the Internet and
b. correctly configured up-dated version of a web browser: Chrome, Firefox, Internet Explorer, or Safari,
and
c. the web browser should operate cookie files, with the operation of JavaScript switched on.
2. In order to use the Store, the End User must have at his/her disposal an IT system fulfilling the minimum
technical requirements, referred to in subparagraph 1 above.
3. Subparagraph 1 above specifies technical conditions required for the cooperation of the Client’s IT system
with the ICT system used by the Service Provider and, if the said conditions are not met, the IT System and
services offered by the Service Provider may not operate correctly.

§ 13

The Getbox and Changes of Functionalities of the IT System

1. The Service Provider shall make the Getbox available for the Client in order to ensure the automatic
transmission of Rendered Projects from the IT System to the Client’s IT system by the Internet as well as
the recording of Rendered Projects in the Client’s IT system.
2. The Client shall independently decide on the downloading, installation and application of the Getbox. The
Service Provider shall make the Getbox available to the Client in the IT System in order to have it
independently downloaded and installed by the Client in its IT system. The Client may download the Getbox
using the Administrative Panel.
3. In order to use the function enabling automatic transmission of Rendered Projects to the Client’s IT system,
the Client must:
a. independently install the Getbox in the Client’s IT system fulfilling the minimum technical
requirements, referred to in §13 subparagraph 3 point d. and e. of these Terms of Service,
b. correctly configure and launch the Getbox in its IT system,
c. ensure that the Getbox installed in the Client’s IT system has permanent access to the Internet, and
d. Client’s IT system configuration must enable connecting the web browser with the Getbox through
two independent TCP and UDP ports,
e. have an operational system with the installed Python run-time environment, version 2.7 or newer.

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4. The Service Provider shall have the right to implement functional changes in the IT System, in particular,
to develop the IT System, implement new functions, change the functioning of Products etc., with no need
to obtain the Client’s consent for making any such changes.

§ 14

Intellectual Property Rights

1. Any and all information and materials provided in the IT System, including as part of Assistance (for
example, brochures, commentaries, manuals)are for information only and shall not bind the Service
Provider in any way.
2. The Service Provider shall give the Client a non-exclusive non-transferrable licence for the use of the IT
System solely within the scope of launching the IT System and displaying graphic interfaces of the IT
System for the purpose of the normal use of the IT System in accordance with its functionality and
designation. The provisions relating to the license indicated above also apply to any modifications of the
IT System made for the Client as a part of the provision of Additional Services.
3. The Service Provider shall give the Client also a non-exclusive non-transferrable licence for Templates
made accessible in the IT System, covering their use, variation, alteration and copying as part of the IT
System to the extent required for the creation of Rendered Projects. Templates may be used to sell
Photoproducts in any country except Poland. The Service Provider shall have the right to terminate the
licence for all, or any part of, accessible Templates at any time. The said licence shall be limited in time from
the moment of conclusion of an agreement between the Client and the Service Provider until its
termination. If the agreement or licence is terminated, the Client shall be required to forthwith remove any
and all copies of templates obtained from the Service Provider and Templates created on the basis of
Templates obtained from the Service Provider; as regards licence termination, the above applies to
Templates affected by licence termination.
4. As part of the licence granted, the Client may use the IT System only in accordance with its designation and
functionality by displaying graphic interfaces of the IT System.
5. The licence granted for the IT System authorises the Client to give sublicenses to End Users for using the
Store by launching the Store and displaying individual graphic interfaces of the Store installed on the server
remaining at the disposal of the Service Provider, in accordance with the functionality and designation of
the Store.
6. The Client shall have the right to enable accessing the Store by End Users solely to the extent resulting from
the Store’s designation and functionality. The Client shall have the right to enable accessing the Store by
End Users solely by the application (display) of graphic interfaces of the Store, designated for End Users.
7. The licence for the IT System shall be granted to the Client under and upon conclusion of the Agreement
for the period of the Agreement’s validity. The licence for the IT System shall expire upon expiry of the
Agreement.

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8. The Service Provider shall give the Client the Getbox licence covering multiplication of the Getbox by
installing it in the Client’s IT system, its launching and normal use (application) in the Client’s IT system, in
accordance with the designation and functionality of the Getbox.
9. The Getbox licence shall be granted to the Client upon its installation in the Client’s IT system.
10. The Getbox licence shall be granted to the Client under the Agreement. The Getbox licence shall expire
upon expiry of the Agreement.
11. The Client shall not be authorised to modify or disseminate the Getbox. The Client shall not be authorised
to grant a Getbox sublicense to any entity.
12. The Client shall not be authorised to use the IT System, in particular, the Administrative Panel and the
Store, anyhow beyond the scope directly provided for in these Terms of Service. In particular, the Client
shall not be authorised to claim availability of software package versions or source codes for software
serving as the basis for the functioning of the IT System, or to disseminate in any way graphic or text
elements comprised in the Administrative Panel or the Store, apart from accessibility of the Store for End
Users. The application of Article 75 paragraph 1 of the Copyright Law shall be excluded with respect to the
IT System to the widest extent permissible under absolutely binding laws.
13. The Service Provider shall give the Client a licence for the use of Graphic Elements created as part of the
provision of Additional Services in the following fields of exploitation:
a. multiplication of a Graphic Element by means of a digital technique, to the extent required for the
normal operation of the Internet Platform,
b. dissemination by sharing on the Internet, as element of the Store,
c. fixation of a Graphic Element in print and in other adopted forms similar to print.
14. The licence for Graphic Elements, given under the Agreement:
a. is non-exclusive and non-transferrable, it authorises the Client to give sublicenses and may not be
pledged,
b. is neither limited territorially nor in terms of time; it covers the territory of the Republic of Poland
and all other countries,
c. is given for an unspecified period of time upon payment to the Service Provider of the entire Fee for
Additional Services for a settlement period in which the Service Provider made a given Work of the
Service Provider accessible to the Client. For the avoidance of doubt, the Parties agree that the making
of a Work of the Service Provider accessible to the Client shall be understood, in particular, as the
placement of a given work by the Service Provider in the IT System.
15. The Client and the Service Provider undertake not to provide, disclose or communicate in any way to any
third parties, and not to use in their own activity, any information constituting the Business Secret of the
other party beyond as required for using the Printbox Service. The above-mentioned undertakings to
observe confidentiality of the Business Secret shall bind the other party throughout validity of the
Agreement and for 2 years from its expiry for any reason whatsoever.

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16. The expiry of the above-mentioned period of protection of the Business Secret of the Service Provider shall
not affect the performance by the Client of duties to protect information, arising from the provisions of law
(in particular, the Counteracting Unfair Competition Act).
17. The Client or the Service Provider may disclose information constituting Business Secret of the other party
or use such information to the extent beyond that provided for above if:
a. such duty stems from absolutely binding laws or a court ruling or a decision of a public administration
authority,
b. such information is commonly known and is publicly available (it is in public domain),
c. the Service Provider granted prior consent in writing, otherwise being null and void, for disclosing or
using specific information held by the Service Provider, constituting the Client’s Business Secret.
18. Notwithstanding the provisions of the above-mentioned subparagraph, the Service Provider may disclose
information constituting the Client’s Business Secret to its subcontractors (“substitutes”) and other entities
cooperating with the Service Provider on any legal grounds, in accordance with binding laws, in particular
to entities providing hosting and/or IT services for the Service Provider, after having obliged them to keep
confidential the information constituting the Client’s Business Secret.

§ 15

Marketing Activity

1. Both the Client and the Service Provider may disclose to the public the information on the conclusion of
the Agreement.
2. The Client and the Service Provider shall have the right to use the name of the other Party and its logo
(trademark) in press releases, letters of reference, advertising and promotion materials (also on websites)
to communicate that the Client or the Service Provider has concluded the Agreement with the other Party.
3. The Service Provider shall have the right to disclose to the public, also on web pages, in letters of reference,
offers, advertising and promotion materials, the information that it has concluded the Agreement with the
Client and that, under the Agreement, it provides the Printbox Service following an assignment from the
Client. The Client has the right to determine the wording for such disclosure by Service Provider.
4. The Service Provider shall have the right to place, in the IT System made available, the information that it
is a producer of the IT System, including a link to the Service Provider’s webpage.
5. The Service Provider shall have the right to use and make public statistical data for anonymous reports
and statistics regarding the operation of the IT System in cases where the publication of such reports and
statistics will not facilitate making an unequivocal relation between them and the Client. For example, it
may be sum of projects generated by all clients of the Service Provider.
6. None of the Parties shall raise against the other Party to the Agreement any claims for payment of a
consideration for the granting of authorisations, referred to above.
7. In no event shall the use and dissemination of the above-mentioned information constitute a breach of the
obligations to keep information confidential.
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 § 16

Liability

1. As part of the provision of the Service, the Service Provider shall ensure only access to the IT System and
enable the storage of Data by the Client.
2. As part of the provision of the Services, the Service Provider shall bear no liability whatsoever for the
contents of Data introduced to the IT System by the Client or directly by End Users.
3. The liability of the Service Provider for any legal defects of any works made available for the Client, if any,
in connection with the use of the Printbox Service, and originating from the Client or made or modified
based on materials provided by the Client, shall be excluded to the widest extent permissible under
absolutely binding laws.
4. Unless absolutely binding laws provide otherwise, the total and full liability of the Service Provider under
the Agreement, including the total liability for any and all damage caused to the Client in connection with
the Agreement, including damage caused by the non-performance or improper performance of the
Agreement, shall be limited to PLN 50,000.00 (in words: fifty thousand Polish zlotys), subject to
subparagraphs 7 and 8 below. The above-mentioned limitation of the liability of the Service Provider shall
not apply to any damage caused to the Client intentionally.
5. Unless absolutely binding laws provide otherwise, exclusions and limitations of the liability of the Service
Provider, provided for in the Agreement and/or these Terms of Service (in particular, in subparagraph 4
above) shall apply to all grounds for raising claims, including claims arising from liability in contract.
6. Exclusions or limitations of the liability of the Service Provider, specified in the Agreement and/or these
Terms of Service, shall not apply in cases where exclusion or limitation of liability is not possible under
absolutely binding laws.
7. Exclusions or limitations of the liability of the Service Provider, specified in the Agreement and/or these
Terms of Service, shall not apply to damage caused to the Client intentionally.
8. For the avoidance of doubt, it shall be assumed that if there are any grounds for the liability of the Service
Provider for damage caused due to actions or defaults of its subcontractor (“substitute”), then the
limitation of the liability of the Service Provider, specified in subparagraphs 5 – 8 above, shall apply also to
such type of damage caused by the subcontractor (“substitute”) unless absolutely binding laws provide
otherwise.

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 § 17

Complaints

1. The Client shall have the right to submit complaints concerning the provision of the Printbox Service by
the Service Provider.
2. A complaint should be delivered to the Service Provider to its e-mail address or otherwise to the premises
of the Service Provider by messenger service or registered mail.
3. Complaints shall be examined in the order of their receipt by the Service Provider.
4. The Service Provider shall examine the complaint within 14 business days from its receipt. Forthwith upon
examination of the complaint, the Service Provider shall give the Client a relevant reply. The reply shall be
sent in writing by registered mail to the Client’s correspondence address, specified in the Agreement (or
to another address, if any, changed in accordance with these Terms of Service).

§ 18

Final Provisions

1. These Terms of Service shall enter into force on 28.07.2017.

2. Unless the Agreement or these Terms of Service provide otherwise, any notifications, statements and
correspondence related to the Agreement shall be delivered in writing otherwise being null and void, by
registered mail with a confirmation of receipt, to the Parties’ correspondence addresses.
3. The Service Provider and the Client shall be required to forthwith notify of any changes in their addresses
for deliveries under the pain of recognizing a delivery made to the last specified address for deliveries as
effective.
4. The Service Provider shall have the right to amend the provisions of these Terms of Service with no need
to obtain the Client’s consent. The service provider is obliged to inform the customer about the planned
change, one month calendar before the entry into force of the new Terms of Service.
5. The Service Provider shall notify the Client of an amendment to these Terms of Service, in accordance with
paragraph 4 above, by sending an e-mail with amendments to the provisions of these Terms of Service and
their consolidated text.
6. The Client, after receiving from the Service Provider the statement on an amendment to these Terms of
Service, in accordance with paragraph 4 above, shall have the right to terminate the Agreement with
immediate effect, within 30days from the receipt of the said statement. It shall be deemed that the Client
grants consent for the new wording of these Terms of Service if the Client does not terminate the
Agreement within 30days from the receipt of the information to that effect.
7. Transfer (assign) of rights or duties in full or in part or to the encumbrance of rights arising from the
Agreement and/or these Terms of Service to any third party requires the consent of the other Party given
in writing otherwise being null and void.

21
8. If any provision of the Agreement or these Terms of Service is deemed invalid, other provisions shall be in
full force and effect to the widest extent possible and they shall still be binding for the Client and the Service
Provider.
9. In case of any discrepancy between the wording of the Agreement and these Terms of Service, the
provisions set forth in the Agreement shall prevail.
10. Any disputes relating to the Agreement shall be resolved by a common court having territorial jurisdiction
over the registered office of the Service Provider.
11. The Agreement and these Terms of Service shall be governed by Polish law.

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